HOUSE JOURNAL
SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
First Regular Session
Eighty-fifth
Legislative Day Wednesday, March 31, 1999
Prayer by the Reverend Patty Lucas,
Mile High Church, Denver.
The Speaker called the House to order at 9:00
a.m.
The roll was called with the following result:
Present--64.
Absent and excused--Representative Alexander--1.
Present after roll call--Representative Alexander.
The Speaker declared a quorum present.
_______________
On motion of Representative Plant, the reading of the journal of March 30, 1999, was dispensed with and approved as corrected by the Chief Clerk.
REPORTS OF COMMITTEE OF REFERENCE
APPROPRIATIONS
After consideration on the merits, the Committee
recommends the following:
SB99-215 be referred
to the Committee of the Whole with favorable recommendation.
SB99-216 be referred to the Committee of the Whole with favorable recommendation.
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB99-044
This Report Amends the Rerevised Bill.
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB99044, concerning the distribution of vinous liquors at wine festivals pursuant to a wine festival permit, has met and reports that it has agreed upon the following:
That the Senate accede to the House amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 3, line 9, strike "SIX"
and substitute "NINE" and strike "A" and substitute
"THE".
Respectfully submitted,
Senate Committee: House Committee:
Ronald J. Teck Kay Alexander
Ken Chlouber Gayle Berry
Ed Perlmutter Carl Miller
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on SB99-123
This Report Amends the Rerevised Bill.
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on SB99-123,
concerning the payment of insurance claims to third persons holding
assignments from insureds, has met and reports that it has agreed
upon the following:
That the Senate accede to the House amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 2, line 19, strike "IN
THE EVENT THAT THE INSURER FAILS TO";
strike lines 20 through 22;
line 23, strike "PLUS INTEREST AND COURT COSTS.".
Respectfully submitted,
Senate Committee: House Committee:
Ronald J. Teck Donald Lee
Mark Hillman Bob Hagedorn
Doug Linkhart Andy McElhany
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1176; HJR99-1014, 1017.
______________
DELIVERY OF BILL TO GOVERNOR
The Chief Clerk of the House of Representatives reports the following bill has have been delivered to the Office of the Governor: HB99-1176 at 2:00 p.m. on March 30, 1999.
_______________
MESSAGES FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and returns
herewith HB991225.
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
HB99-1214, amended as printed in Senate Journal, March 29, page 604.
_________
The Senate voted to concur in House amendments to
SB99-021, 043, 068, 074, 106,109, 141, 168, 170, and 174 and repassed
the bills as amended.
The Senate has voted not to concur in House Amendments
to SB99-011 and requests that a Conference Committee be appointed.
The President appointed Senators Anderson, Chm., Dennis, and Matsunaka
as members of the First Conference Committee on the part of the
Senate. The bill is transmitted herewith.
The Senate has voted not to concur in House Amendments
to SB99-025 and requests that a Conference Committee be appointed.
The President appointed Senators Dennis, Chm., Hillman, and Reeves
as members of the First Conference Committee on the part of the
Senate. The Senate granted permission to members of the First
Conference Committee on SB99-025 to consider matters not at issue
between the two houses. The bill is transmitted herewith.
The Senate has voted not to concur in House Amendments to SB99-072 and requests that a Conference Committee be appointed. The President appointed Senators Tebedo, Chm., Lamborn, and Nichol as members of the First Conference Committee on the part of the Senate. The bill is transmitted herewith.
_________
The Senate has adopted and transmits herewith: SJR99-023.
The Senate has adopted and returns herewith: HJR99-1015.
The Senate voted to recede from its position on HB99-1033,
and repassed the bill. The bill is returned herewith.
The Senate has adopted the First Report of the Second
Conference Committee on HB99-1134, as printed in Senate Journal,
March 29, pages 607-608, and repassed the bill as amended. The
bill is returned herewith.
The Senate has adopted the First Report of the First Conference Committee on HB99-1269, as printed in Senate Journal, March 29, page 608, and repassed the bill as amended. The bill is returned herewith.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, HB99-1214.
______________
APPOINTMENTS TO CONFERENCE COMMITTEES
Pursuant to a request from the Senate, the Speaker
appointed House conferees to the First Conference Committees as
follows:
SB99-011--Representatives Kaufman, Chairman, Scott, Plant
SB99-072--Representatives Kaufman, Chairman, T.Williams, Tochtrop
_______________
LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, Consideration of Special Orders (HB99-1278, 1287) was laid over until April 1, retaining place on Calendar.
_______________
Representative Dean moved to suspend House Rule 33A(a)
for the purpose of allowing amendments to SB99-215 to be
drafted during second reading on Wednesday, March 31, 1999. The
motion was declared passed by the following roll call vote:
YES 63 NO 1 EXCUSED 0 ABSENT 1
|
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb Y Grossman Y Hagedorn N | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison Y Nuñez Y Paschall Y Pfiffner Y Plant Y Ragsdale Y Saliman Y Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Williams, T. Y Windels Y Witwer Y Young Y Zimmerman Y | |||
| Mr. Speaker Y |
_______________
On motion of Representative Dean, SB99-215 shall be made Special Orders on Wednesday, March 31, 1999, at 9:25 a.m.
_______________
The hour of 9:25 a.m., having arrived, on motion of Representative Taylor, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.
_______________
SPECIAL ORDERS--SECOND READING OF BILL
The Committee of the Whole having risen, the Chairman
reported the title of the following bill had been read (reading
at length had been dispensed with by unanimous consent), the bill
considered and action taken thereon as follows:
(Amendments to the committee amendment are to the
printed committee report which was printed and placed in the members'
bill file.)
SB99-215 by Senators
Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning
the provision for payment of the expenses of the executive, legislative,
and judicial departments of the state of Colorado, and of its
agencies and institutions, for and during the fiscal year beginning
July 1, 1999, except as otherwise noted.
Amendment No. 1, by Representatives
Tupa, Clarke, Coleman, Mace, Plant, Vigil, Windels, S. Williams,
and Zimmerman.
Amend reengrossed bill, page 260, line 9, in the
ITEM & SUBTOTAL column, strike "2,643,899" and substitute
"1,467,000" and, in the GENERAL FUND column, strike
"1,176,899";
line 10, in the GENERAL FUND column, strike "(2.5
FTE)" and, in the CASH FUNDS EXEMPT column, insert "(2.5
FTE)".
Adjust affected totals accordingly.
Amendment No. 2, by Representative
Spradley.
Amend reengrossed bill, page 112, line 13, in the
ITEM & SUBTOTAL column, strike "453,383,372" and
substitute "453,383,472" and, in the GENERAL FUND column,
strike "199,078,096a" and substitute "199,078,196a".
Adjust affected totals accordingly.
Page 115, line 9, in the ITEM & SUBTOTAL column,
strike "70,366,985" and substitute "70,366,885"
and, in the GENERAL FUND column, strike "39,454,391a"
and substitute "39,454,291a".
Adjust affected totals accordingly.
Amendment No. 3, by Representative
Spradley.
Amend reengrossed bill, page 123, line 9, strike
"Grants" and substitute "Grant" and, in the
ITEM & SUBTOTAL column, strike "12,821,426";
line 10, strike "Program Administration74a"
and substitute "Program" and, in the ITEM & SUBTOTAL
column, strike "367,620" and substitute "13,189,046";
line 11, in the ITEM & SUBTOTAL column, strike
"(10.0 FTE)" and substitute "(13.0 FTE)".
Amendment No. 4, by Representative
McKay.
Amend reengrossed bill, page 141, line 1, in the
GENERAL FUND column, strike "8,573,148" and substitute
"8,838,860" and, in the FEDERAL FUNDS column, strike
"124,990,271b" and substitute "124,724,559b
".
Adjust affected totals accordingly.
Page 149, line 4, in the ITEM & SUBTOTAL column,
strike "3,889,853" and substitute "3,551,366",
in the GENERAL FUND column, strike "1,506,097(M)" and
substitute "1,240,385(M)", and, in the FEDERAL FUNDS
column, strike "2,043,797e" and substitute
"1,971,022b";
line 5, in the ITEM & SUBTOTAL column, strike
"(50.0 FTE)" and substitute "(44.0 FTE)".
Adjust affected totals accordingly.
Page 149, line 12, strike "b This
amount" and substitute "b These amounts";
strike line 15.
Amendment No. 5, by Representatives
Mace, Bacon, Chavez, Coleman, Gagliardi, Gordon, Leyba, Miller,
Plant, Ragsdale, Tapia, Tate, Tochtrop, Veiga, Vigil, and Windels.
Amend reengrossed bill, page 141, line 1, in the
GENERAL FUND column, strike "8,573,148" and substitute
"8,403,623" and, in the FEDERAL FUNDS column, strike
"124,990,271b" and substitute "125,159,796b".
Adjust affected totals accordingly.
Page 145, line 9, in the ITEM & SUBTOTAL column,
strike "11,820,408" and substitute "11,989,933"
and, in the GENERAL FUND column, strike "664,868(M)"
and substitute "834,393(M)".
Adjust affected totals accordingly.
Amendment No. 6, by Representatives
Keller, Alexander, Gotlieb, Hefley, and Morrison.
Amend reengrossed bill, page 141, line 1, in the
GENERAL FUND column, strike "8,573,148" and substitute
"7,198,148" and, in the FEDERAL FUNDS column, strike
"124,990,271b" and substitute "126,365,271b".
Adjust affected totals accordingly.
Page 147, line 14, in the ITEM & SUBTOTAL column,
strike "1,819,528" and substitute "3,194,528"
and, in the GENERAL FUND column, insert "1,375,000".
Adjust affected totals accordingly.
Amendment No. 7, by Representatives
Larson and Witwer.
Amend reengrossed bill, page 151, after line 7, insert
the following:
CASH ITEM & FUNDS
SUBTOTAL EXEMPT
$ $
"(8) Family Development
Centers93a 960,000 960,000h".
Adjust affected totals accordingly.
Page 152, after line 1, insert the following:
"h This amount
shall be from reserves in the Family Issues Cash Fund pursuant
to Section 26-5.3-106 (1.5), Colorado Revised Statutes.".
Page 178, after line 10, insert the following:
"93a Department of Human Services, Children,
Youth and Families, Special Purpose Welfare Programs, Family Development
Centers -- It is the intent of the General Assembly that prior
to receiving any funding through this line item, each Family Development
Center should make efforts to access any other funds available
for its operations. Such other funding sources shall include,
but not be limited to, federal Temporary Assistance to Needy Families
Block Grant funds provided to counties for the administration
of the Colorado Works Program.".
Amendment No. 8, by Representatives
Leyba and Alexander.
Amend reengrossed bill, page 641, after line 6, insert
the following:
"SECTION 14. Appropriation from
funds remaining in the statewide instant background check cash
fund. (1) The general assembly hereby finds and declares
that:
(a) The statewide instant criminal background check
system for handguns established by article 26.5 of title 12, Colorado
Revised Statutes, was repealed in accordance with section 1226.5109
due to the implementation of the federal national instant criminal
background check system;
(b) The statewide instant background check cash
fund created by section 1226.5107, Colorado Revised
Statutes, will contain moneys that will not be needed because
of the repeal of the statewide instant criminal background check
system; and
(c) It is the function of the general assembly to
determine how moneys remaining in the statewide instant background
check cash fund should be expended; and, therefore,
(d) Subsection (2) of this section is enacted in
order to designate how moneys in the statewide instant background
check cash fund shall be expended.
(2) In addition to any other appropriation made
for the fiscal year beginning July 1, 1999, there is hereby appropriated
to the department of human services, health and rehabilitation
services, division of vocational rehabilitation, independent living
grants, the sum of three hundred thousand dollars ($300,000).
Said sum shall come from moneys remaining in the statewide instant
background check cash fund created in section 1226.5107,
Colorado Revised Statutes, that are no longer needed because of
the repeal of the statewide instant criminal background check
system.".
Renumber succeeding section accordingly.
Amendment No. 9, by Representatives
Tool and Smith.
Amend reengrossed bill, page 166, line 1 strike "Domiciliary"
and substitute "Domiciliary122".
Page 187, after line 4, insert the following:
"122 Department of Human Services, Direct Services,
Homelake Domiciliary -- It is the intent of the General Assembly
that the Homelake Domiciliary not require additional General Fund
dollars. The Department is requested to prepare an annual plan
outlining potential General Fund reductions and the impact on
client fees and submit the plan to the Joint Budget Committee
by November 1 of each year.".
Amendment No. 10, by Representative
Kaufman.
Amend reengrossed bill, page 197, line 4, in the
ITEM & SUBTOTAL column, strike "67,161,626" and
substitute "67,481,538" and, in the GENERAL FUND column,
strike "67,161,626" and substitute "67,481,538";
line 5, in the GENERAL FUND column, strike "(1,439.1
FTE)" and substitute "(1,445.1 FTE)";
line 6, in the ITEM & SUBTOTAL column, strike
"5,280,486" and substitute "5,293,586" and,
in the GENERAL FUND column, strike "3,553,750" and substitute
"3,566,850";
line 7, in the ITEM & SUBTOTAL column, strike
"426" and substitute "163,600" and, in the
GENERAL FUND column, strike "426" and substitute "163,600".
Adjust affected totals accordingly.
Page 202, line 12, in the ITEM & SUBTOTAL column,
strike "19,712,953" and substitute "19,763,961"
and, in the GENERAL FUND column, strike "19,712,953"
and substitute "19,763,961";
line 13, in the GENERAL FUND column, strike "(320.0 FTE)" and substitute "(321.4 FTE)".
Page 203, line 3, in the ITEM & SUBTOTAL column,
strike "1,161,411" and substitute "1,164,879"
and, in the GENERAL FUND column, strike "1,148,661"
and substitute "1,152,129";
line 4, in the ITEM & SUBTOTAL column, strike
"37,525" and substitute "43,904" and, in the
GENERAL FUND column, strike "37,525" and substitute
"43,904".
Adjust affected totals accordingly.
Amendment No. 11, by Representatives
Grossman, Bacon, Coleman, Gordon, Plant, Ragsdale, Tate, Tupa,
Veiga, and Zimmerman.
Amend reengrossed bill, page 234, line 13, strike
"Act" and substitute "Act156a",
in the ITEM & SUBTOTAL column, strike "632,887"
and substitute "911,143" and, in the GENERAL FUND column,
strike "556,511" and substitute "834,767";
line 15, in the ITEM & SUBTOTAL column, strike
"(9.9 FTE)" and substitute "(14.3 FTE)".
Page 235, line 4, in the ITEM & SUBTOTAL column,
strike "811,615" and substitute "1,217,423"
and, in the GENERAL FUND column, strike "811,615" and
substitute "1,217,423".
Adjust affected totals accordingly.
Page 240, after line 14, insert the following:
"156a Department of Law, Special Purpose,
Comprehensive Environmental Response, Compensation and Liability
Act -- The Department is requested to submit a report analyzing
the progress made in cleaning up Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) sites in Colorado under
existing federal law. Such report should detail the successes
and failures of the current federal CERCLA program in achieving
timely and effective cleanup of CERCLA sites in Colorado.".
Amendment No. 12, by Representatives
Paschall, Fairbank, Hefley, King, and Larson.
Amend reengrossed bill, page 155, line 13, in the
ITEM & SUBTOTAL column, strike "11,607,049" and
substitute "10,767,049" and, in the GENERAL FUND column,
strike "11,607,049" and substitute "10,767,049".
Adjust affected totals accordingly.
Page 274, after line 7, insert the following:
ITEM & GENERAL
SUBTOTAL FUND
$ $
"Challenge Program170a 840,000 840,000".
Adjust affected totals accordingly.
Page 277, after line 10, insert the following:
"170a Department of Military Affairs,
Executive Director and Army National Guard, Challenge Program
-- It is the intent of the General Assembly that if the Challenge
Program receives any grant funds, a like amount of the General
appropriation for this line shall be transferred to the Department
of Human Services, Division of Youth Corrections, S.B. 91-94 Programs.".
Amendment No. 13, by Representative
Lawrence.
Amend reengrossed bill, page 290, line 7, in the
ITEM & SUBTOTAL column, strike "1,498,428" and substitute
"1,717,754", in the CASH FUNDS column, strike "749,214a"
and substitute "858,877a", and, in the CASH
FUNDS EXEMPT column, strike "749,214b" and
substitute "858,877b";
line 8, in the ITEM & SUBTOTAL column, strike
"(29.0 FTE)" and substitute "(34.0 FTE)";
line 9, in the ITEM & SUBTOTAL column, strike
"79,598" and substitute "112,418", in the
CASH FUNDS column, strike "39,799a" and substitute
"56,209a", and, in the CASH FUNDS EXEMPT
column, strike "39,799b" and substitute "56,209b".
Adjust affected totals accordingly.
Amendment No. 14, by Representatives
Tool, Berry, and Saliman.
Amend reengrossed bill, page 302, line 3, in the
ITEM & SUBTOTAL column, strike "4,610,191" and substitute
"4,310,191".
Page 303, line 5, in the ITEM & SUBTOTAL column,
strike "22,022,251" and substitute "21,722,251"
and, in the CASH FUNDS column, strike "18,306,137a"
and substitute "18,006,137a";
line 7, strike "$18,304,463" and substitute
"$18,004,463".
Adjust affected totals accordingly.
Amendment No. 15, by Representatives
Tool, Berry, and Saliman.
Amend reengrossed bill, page 308, line 4, in the
ITEM & SUBTOTAL column, strike "149,437" and substitute
"122,437" and, in the GENERAL FUND column, strike "40,652"
and substitute "13,652".
Adjust affected totals accordingly.
Amendment No. 16, by Representatives
Tool, Berry, and Saliman.
Amend reengrossed bill, page 308, strike line 6.
Adjust affected totals accordingly.
Under House Rule 33A(b) Representative Larson requested
permission to offer the following second reading amendment to
SB99-215. A majority voted in the affirmative, and permission
was granted.
Amendment No. 17, by Representative
Larson.
Amend reengrossed bill, page 119, line 3, in the
ITEM & SUBTOTAL column, strike "1,125,220" and substitute
"625,220" and, in the CASH FUNDS EXEMPT column, strike
"1,125,220(T)a" and substitute "625,220(T)a".
Adjust affected totals and (T) notation totals accordingly.
Page 263, line 14, in the ITEM & SUBTOTAL column,
strike "1,125,220" and substitute "625,220";
line 15, in the ITEM & SUBTOTAL column, strike
"4,258,620" and substitute "3,758,620" and,
in the GENERAL FUND column, strike "4,258,620" and substitute
"3,758,620".
Adjust affected totals accordingly.
Page 356, line 3, in the ITEM & SUBTOTAL column,
strike "962,154" and substitute "1,031,073"
and, in the GENERAL FUND column, strike "763,901(M)"
and substitute "832,820(M)";
line 7, in the ITEM & SUBTOTAL column, strike
"239,032" and substitute "260,597" and, in
the GENERAL FUND column, strike "239,032" and substitute
"260,597";
line 12, in the ITEM & SUBTOTAL column, strike
"4,539,132" and substitute "4,948,648" and,
in the GENERAL FUND column, strike "4,539,132" and substitute
"4,948,648".
Adjust affected totals accordingly.
Amendment No. 18, by Representative
Dean.
Amend reengrossed bill, page 379, line 9, strike
"Services219, 220" and substitute "Services
- Public Agencies219, 220", in the ITEM &
SUBTOTAL column, strike "3,285,061" and substitute "2,019,547",
in the GENERAL FUND column, strike "1,191,983" and substitute
"742,153", and, in the FEDERAL FUNDS column, strike
"2,027,022" and substitute "1,211,338";
after line 9, insert the following:
"Purchase of Services - Private Agencies219,
220", in the ITEM & SUBTOTAL column, insert "1,265,514",
in the GENERAL FUND column, insert "449,830", and, in
the FEDERAL FUNDS column, insert "815,684".
Adjust affected totals accordingly.
Page 397, line 7, strike "Services --"
and substitute "Services - Public Agencies; and Purchase
of Services - Private Agencies --";
line 13, strike "Services --" and substitute
"Services - Public Agencies; and Purchase of Services - Private
Agencies --".
Amendment No. 19, by Representative
Taylor.
Amend reengrossed bill, page 455, line 11, in the
ITEM & SUBTOTAL column, strike "1,942,635" and substitute
"2,146,786";
line 12, in the ITEM & SUBTOTAL column, strike
"(28.1 FTE)" and substitute "(32.0 FTE)";
line 15, in the TOTAL column, strike "2,668,635"
and substitute "2,872,786" and, in the GENERAL FUND
column, strike "1,942,635" and substitute "2,146,786".
Adjust affected totals accordingly.
Amendment No. 20, by Representatives
Veiga and Leyba.
Amend reengrossed bill, page 461, line 5, in the
ITEM & SUBTOTAL column, strike "2,607,552" and substitute
"2,567,552";
line 6, in the ITEM & SUBTOTAL column, strike
"(70.0 FTE)" and substitute "(69.0 FTE)".
Page 462, line 12, in the TOTAL column, strike "3,991,490"
and substitute "3,951,490" and, in the CASH FUNDS column,
strike "3,991,490b" and substitute "3,951,490b".
Adjust affected totals accordingly.
Amendment No. 21, by Representatives
Tool, Berry, and Saliman.
Amend reengrossed bill, page 473, line 4, strike
"OPERATIONS251a" and substitute "OPERATIONS".
Page 475, strike line 17.
Page 476, strike lines 1 and 2.
Amendment No. 22, by Representatives
Tool, Berry, and Saliman.
Amend reengrossed bill, page 477, line 5, in the
ITEM & SUBTOTAL column, strike "867,913" and substitute
"947,408";
line 6, in the ITEM & SUBTOTAL column, strike
"(15.0 FTE)" and substitute "(16.0 FTE)".
Page 478, line 7, in the TOTAL column, strike "1,153,810"
and substitute "1,233,305" and, in the GENERAL FUND
column, strike "1,153,810" and substitute "1,233,305".
Adjust affected totals accordingly.
Amendment No. 23, by Representative
Young.
Amend reengrossed bill, page 483, line 12, strike
"OPERATING BUDGETS" and substitute "OPERATING
BUDGETS255a".
Page 483, after line 16, insert the following:
"FOOTNOTES -- The following statements
are referenced to the numbered footnotes throughout section 2.
255a Grand Totals, Operating
Budgets -- It is the intent of the General Assembly that no state
funds shall be used for the purposes of regulating carbon dioxide
or otherwise enforcing the provisions of the United Nations Framework
Convention on Climate Change (otherwise known as the Kyoto Treaty)
until such time as the treaty is ratified by the United States
Senate.".
Under House Rule 33A(b) Representative Lawrence requested
permission to offer the following second reading amendment to
SB99-215. A majority voted in the affirmative, and permission
was granted.
Amendment No. 24, by Representatives
Lawrence and Smith.
Amend reengrossed bill, page 556, line 5, strike
"WILDLIFE" and substitute "WILDLIFE3a";
strike line 9.
Adjust affected totals accordingly.
Page 570, after line 5, insert the following:
"3a Capital Construction, Department
of Natural Resources, Division of Wildlife -- It is the intent
of the General Assembly that for FY 1999-00, the Division will
be required to submit all requests for land acquisitions as supplemental
capital construction requests pursuant to Section 24-75-111, C.R.S.".
Amendment No. 25, by Representative
Young.
Amend reengrossed bill, page 557, after line 15,
insert the following:
CASH
ITEM & FUNDS
SUBTOTAL EXEMPT
$ $
"Lower Arkansas River
Commission Implementation
Plan4 5,000,000 5,000,000a".
Adjust affected totals accordingly.
Page 570, after line 5, insert the following:
"4 Capital Construction, Department of Natural
Resources, Division of Wildlife, Capital Construction and Controlled
Maintenance Projects, Lower Arkansas River Commission Implementation
Plan -- It is the Intent of the General Assembly that these funds
be used to protect and enhance fish and wildlife resources at
the Great Plains Reservoir pursuant to Section 33-1-101 (3.5)
(a), C.R.S. The provisions of Section 3 (1)(a) of this act notwithstanding,
it is the intent of the General Assembly that the $5,000,000 appropriation
made under the Lower Arkansas River Commission Implementation
Plan line item remain available only until June 30, 2000. At
the end of this time period, any unexpended funds shall revert
to the Wildlife Cash Fund from which they were appropriated.".
As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.
(For change in action, see Amendments to Report.)
_______________
AMENDMENTS TO THE COMMITTEE OF THE WHOLE REPORT
Representative Tochtrop moved to amend the Report
of the Committee of the Whole to show that the following Tochtrop,
Bacon, Clarke, Gagliardi, Hagedorn, Keller, Leyba, Mace, Plant,
Ragsdale, Takis, Tapia, Tate, Tupa, Veiga, Vigil, S. Williams,
and Windels amendment (J.116) to SB99215, did pass, and
that SB 99215, as amended, did pass.
Amend reengrossed bill, page 85, line 7, in the ITEM
& SUBTOTAL column, strike "326,024" and substitute
"340,424", in the GENERAL FUND column, strike "130,541(M)"
and substitute "137,741(M)", and, in the FEDERAL FUNDS
column, strike "163,012" and substitute "170,212".
Adjust affected totals accordingly.
Page 90, line 4, strike "$14,656.98" and
substitute "$14,695.68" and, in the ITEM & SUBTOTAL
column, strike "511,323,440" and substitute "512,673,386";
line 8, strike "$9,090.46" and substitute
"$9,098.96" and, in the ITEM & SUBTOTAL column,
strike "47,152,193" and substitute "47,196,299".
Page 91, line 6, strike "$6,969.79" and
substitute "$6,973.19" and, in the ITEM & SUBTOTAL
column, strike "371,022,936" and substitute "371,204,084".
Page 93, line 9, in the TOTAL column, strike "1,225,974,331"
and substitute "1,227,549,531", in the GENERAL FUND
column, strike "608,068,020(M)" and substitute "608,854,045(M)",
and, in the FEDERAL FUNDS column, strike "608,053,178"
and substitute "608,842,353".
Adjust affected totals accordingly.
Page 133, line 8, in the ITEM & SUBTOTAL column, strike "1,783,576" and substitute "1,797,976".
Page 134, line 9, in the TOTAL column, strike "32,596,663"
and substitute "32,611,063 and, in the CASH FUNDS EXEMPT
column, strike "4,191,926c" and substitute
"4,206,326c".
Adjust affected totals accordingly.
Page 135, line 1, strike "$2,185,380(T)"
and substitute "$2,199,780(T)".
Adjust affected (T) notation totals accordingly.
Page 138, line 9, in the ITEM & SUBTOTAL column,
strike "48,807,008" and substitute "48,889,088"
and, in the CASH FUNDS column, strike "48,236,162a"
and substitute "48,318,242a";
line 15, strike "$62.91" and substitute
"$63.84", in the ITEM & SUBTOTAL column, strike
"3,099,845" and substitute "3,145,605", in
the GENERAL FUND column, strike "2,313,228" and substitute
"2,349,836", and, in the CASH FUNDS EXEMPT column, strike
"786,617c" and substitute "795,769c".
Adjust affected totals accordingly.
Page 140, line 9, strike "$578,307(L)"
and substitute "$587,459(L)".
Adjust affected (L) notation totals accordingly.
Page 141, line 1, in the GENERAL FUND column, strike
"8,573,148" and substitute "7,743,315" and,
in the FEDERAL FUNDS column, strike "124,990,271b"
and substitute "125,820,104b".
Adjust affected totals accordingly.
The amendment was declared passed by the following
roll call vote:
YES 39 NO 23 EXCUSED 3 ABSENT 0
|
Alexander Y Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn Y | Hefley Y Hoppe N Johnson Y Kaufman N Keller Y Kester Y King N Larson Y Lawrence N Lee N Leyba Y Mace Y May Y McElhany Y McKay Y McPherson N | Miller Y Mitchell N Morrison E Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman E Scott N Sinclair Y Smith N Spence N Spradley N Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. Y Windels Y Witwer Y Young N Zimmerman Y | |||
| Mr. Speaker N |
Representative Dean moved to amend the Report of
the Committee of the Whole to show that the following Dean amendment
(J.078) to SB99215, did pass, and that SB99215,
as amended, did pass.
Amend reengrossed bill, page 121, strike lines 12
and 13.
Adjust affected totals accordingly.
The amendment was declared passed by the following
roll call vote:
YES 36 NO 26 EXCUSED 3 ABSENT 0
|
Alexander Y Allen Y Bacon N Berry N Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb E Grossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester N King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller N Mitchell Y Morrison E Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman E Scott Y Sinclair N Smith Y Spence Y Spradley N Stengel Y Swenson Y | Takis N Tapia N Tate Y Taylor Y Tochtrop N Tool N Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
| Mr. Speaker Y |
Representative Leyba moved to amend the Report of
the Committee of the Whole to show that the following McKay amendment
(J.051) to SB99215, did not pass, and that SB99215,
as amended, did pass.
Amend reengrossed bill, page 141, line 1, in the
GENERAL FUND column, strike "8,573,148" and substitute
"8,838,860" and, in the FEDERAL FUNDS column, strike
"124,990,271b" and substitute "124,724,559b
".
Adjust affected totals accordingly.
Page 149, line 4, in the ITEM & SUBTOTAL column,
strike "3,889,853" and substitute "3,551,366",
in the GENERAL FUND column, strike "1,506,097(M)" and
substitute "1,240,385(M)", and, in the FEDERAL FUNDS
column, strike "2,043,797e" and substitute
"1,971,022b";
line 5, in the ITEM & SUBTOTAL column, strike
"(50.0 FTE)" and substitute "(44.0 FTE)".
Adjust affected totals accordingly.
Page 149, line 12, strike "b This
amount" and substitute "b These amounts";
strike line 15.
The amendment was declared lost by the following
roll call vote:
YES 32 NO 30 EXCUSED 3 ABSENT 0
|
Alexander Y Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn Y | Hefley N Hoppe N Johnson N Kaufman Y Keller Y Kester Y King N Larson Y Lawrence Y Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson N | Miller Y Mitchell N Morrison E Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman E Scott N Sinclair N Smith N Spence N Spradley N Stengel N Swenson Y | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. N Windels Y Witwer Y Young N Zimmerman Y | |||
| Mr. Speaker Y |
Representative Plant moved to amend the Report of
the Committee of the Whole to show that the following Plant, Coleman,
Mace, Tupa, and S.Williams amendment (J.100) to SB99215,
did pass, and that SB99215, as amended, did pass.
Amend reengrossed bill, page 317, line 4, strike
"OFFICE40, 193, 194" and substitute
"OFFICE40, 193, 194, 194a".
Page 344, after line 2, insert the following:
"194a Department of Personnel, Executive
Director's Office The Department is requested to
provide the Joint Budget Committee a comprehensive statewide study
of the estimated annual cost by fund type to provide an ECOPass
issued by the Regional Transportation District (RTD) to all eligible
state employees. This report should be submitted by no later
than October 1, 1999, and should include at a minimum a costbenefit
analysis for each department and recommended enabling statutory
language, if necessary.".
The amendment was declared lost by the following
roll call vote:
YES 23 NO 39 EXCUSED 3 ABSENT 0
|
Alexander N Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean NDecker N Fairbank N Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn N | Hefley N Hoppe N Johnson N Kaufman N Keller Y Kester N King N Larson N Lawrence N Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson N | Miller Y Mitchell N Morrison E Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman E Scott N Sinclair N Smith N Spence N Spradley N Stengel N Swenson N | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. Y Williams, T. N Windels Y Witwer N Young N Zimmerman Y | |||
| Mr. Speaker N |
Representative Vigil moved to amend the Report of
the Committee of the Whole to show that the following Vigil amendment
(J.079) to SB99215, did pass, and that SB99215,
as amended, did pass.
Amend reengrossed bill, page 62, line 7, in the ITEM
& SUBTOTAL column, strike "4,634,816" and substitute
"4,681,926" and, in the GENERAL FUND column, strike
"4,634,816" and substitute "4,681,926".
Adjust affected totals accordingly.
Page 141, line 1, in the GENERAL FUND column, strike
"8,573,148" and substitute "8,526,038" and,
in the FEDERAL FUNDS column, strike "124,990,271b"
and substitute "125,037,381b".
Adjust affected totals accordingly.
Page 641, after line 6, insert the following:
"SECTION 14. Appropriation from
funds remaining in the statewide instant background check cash
fund. (1) The general assembly hereby finds and declares
that:
(a) The statewide instant criminal background check
system for handguns established by article 26.5 of title 12, Colorado
Revised Statutes, was repealed in accordance with section 1226.5109
due to the implementation of the federal national instant criminal
background check system;
(b) The statewide instant background check cash
fund created by section 1226.5107, Colorado Revised
Statutes, will contain moneys that will not be needed because
of the repeal of the statewide instant criminal background check
system; and
(c) It is the function of the general assembly to
determine how moneys remaining in the statewide instant background
check cash fund should be expended; and, therefore,
(d) Subsection (2) of this section is enacted in
order to designate how moneys in the statewide instant background
check cash fund shall be expended.
(2) In addition to any other appropriation made for the fiscal year beginning July 1, 1999, there is hereby appropriated to the department of education, public school finance, student assessments, the sum of one hundred thousand dollars ($100,000). Said sum shall come from moneys
remaining in the statewide instant background check
cash fund created in section 1226.5107, Colorado Revised
Statutes, that are no longer needed because of the repeal of the
statewide instant criminal background check system.".
Renumber succeeding section accordingly.
The amendment was declared lost by the following
roll call vote:
YES 29 NO 33 EXCUSED 3 ABSENT 0
|
Alexander N Allen N Bacon Y Berry N Chavez Y Clapp N Clarke Y Coleman Y Dean N Decker N Fairbank N Gagliardi Y Gordon Y Gotlieb E Grossman Y Hagedorn Y | Hefley N Hoppe N Johnson N Kaufman Y Keller Y Kester Y King Y Larson N Lawrence N Lee N Leyba Y Mace Y May N McElhany N McKay N McPherson N | Miller Y Mitchell N Morrison E Nuñez N Paschall N Pfiffner Y Plant Y Ragsdale Y Saliman E Scott N Sinclair N Smith N Spence N Spradley N Stengel N Swenson N | Takis Y Tapia Y Tate Y Taylor N Tochtrop Y Tool N Tupa Y Veiga Y Vigil Y Webster N Williams, S. N Williams, T. N Windels Y Witwer N Young Y Zimmerman Y | |||
| Mr. Speaker Y |
Representative Berry moved to amend the Report of
the Committee of the Whole to show that the following Tool, Berry,
and Saliman amendment (J.060) to SB99215, did pass, and
that SB99215, as amended, did pass.
Amend reengrossed bill, page 541, strike line 8.
Adjust affected totals accordingly.
The amendment was declared passed by the following
roll call vote:
YES 38 NO 24 EXCUSED 3 ABSENT 0
|
Alexander N Allen Y Bacon Y Berry Y Chavez N Clapp N Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb EGrossman Y Hagedorn Y | Hefley N Hoppe Y Johnson Y Kaufman Y Keller N Kester Y King Y Larson N Lawrence N Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller N Mitchell Y Morrison E Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman E Scott Y Sinclair Y Smith Y Spence Y Spradley N Stengel Y Swenson Y | Takis Y Tapia N Tate Y Taylor N Tochtrop N Tool Y Tupa Y Veiga Y Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer N Young Y Zimmerman Y | |||
| Mr. Speaker Y |
Representatives Clapp, Spradley, and Hefley moved
to amend the Report of the Committee of the Whole to show that
the following Veiga and Leyba amendment (J.114) to SB99215,
did not pass, and that SB99215, as amended, did pass.
Amend reengrossed bill, page 461, line 5, in the
ITEM & SUBTOTAL column, strike "2,607,552" and substitute
"2,567,552";
line 6, in the ITEM & SUBTOTAL column, strike
"(70.0 FTE)" and substitute "(69.0 FTE)".
Page 462, line 12, in the TOTAL column, strike "3,991,490"
and substitute "3,951,490" and, in the CASH FUNDS column,
strike "3,991,490b" and substitute "3,951,490b".
Adjust affected totals accordingly.
The amendment was declared passed by the following
roll call vote:
YES 38 NO 24 EXCUSED 3 ABSENT 0
|
Alexander Y Allen N Bacon N Berry Y Chavez N Clapp Y Clarke Y Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb E Grossman N Hagedorn N | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller N Kester Y King Y Larson Y Lawrence Y Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson Y | Miller Y Mitchell Y Morrison E Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman E Scott Y Sinclair Y Smith Y Spence N Spradley Y Stengel Y Swenson Y | Takis N Tapia N Tate Y Taylor Y Tochtrop N Tool Y Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. N Windels N Witwer Y Young Y Zimmerman N | |||
| Mr. Speaker Y |
Representative Nuñez moved to amend the Report
of the Committee of the Whole to show that the following Nuñez
amendment (J.129) to SB99215, did pass, and that SB99215,
as amended, did pass.
Amend reengrossed bill, page 483, line 12, strike
"OPERATING BUDGETS" and substitute "OPERATING
BUDGETS255a".
Page 483, after line 16, insert the following:
"FOOTNOTES The following statements are referenced to the numbered footnotes throughout section 2.
255a Grand Totals, Operating
Budgets It is the intent of the General Assembly
that $2,519,931 in General Fund appropriations for FY 199899
as a result of final court orders and federal mandates shall not
be built into the base for calculating the allowable six percent
increase in General Fund appropriations for FY 199900.".
The amendment was declared lost by the following
roll call vote:
YES 25 NO 37 EXCUSED 3 ABSENT 0
|
Alexander N Allen N Bacon N Berry N Chavez N Clapp Y Clarke N Coleman N Dean Y Decker Y Fairbank Y Gagliardi N Gordon N Gotlieb E Grossman N Hagedorn N | Hefley Y Hoppe N Johnson Y Kaufman N Keller N Kester Y King Y Larson N Lawrence N Lee Y Leyba N Mace N May Y McElhany Y McKay Y McPherson N | Miller Y Mitchell Y Morrison E Nuñez Y Paschall Y Pfiffner Y Plant N Ragsdale N Saliman E Scott Y Sinclair Y Smith N Spence Y Spradley N Stengel Y Swenson N | Takis N Tapia N Tate N Taylor N Tochtrop N Tool N Tupa N Veiga N Vigil N Webster Y Williams, S. N Williams, T. Y Windels N Witwer Y Young Y Zimmerman N | |||
| Mr. Speaker N |
_______________
ADOPTION OF COMMITTEE OF THE WHOLE REPORT
Passed Second Reading: SB99-215 amended.
The Chairman moved the adoption of the Committee
of the Whole Report. As shown by the following roll call vote,
a majority of those elected to the House voted in the affirmative,
and the Report was adopted.
YES 56 NO 6 EXCUSED 3 ABSENT 0
|
Alexander Y Allen Y Bacon Y Berry Y Chavez Y Clapp Y Clarke Y Coleman Y Dean Y Decker Y Fairbank Y Gagliardi Y Gordon Y Gotlieb EGrossman Y Hagedorn Y | Hefley Y Hoppe Y Johnson Y Kaufman Y Keller Y Kester Y King Y Larson Y Lawrence Y Lee Y Leyba Y Mace Y May Y McElhany Y McKay N McPherson Y | Miller Y Mitchell N Morrison E Nuñez N Paschall N Pfiffner N Plant Y Ragsdale Y Saliman E Scott Y Sinclair Y Smith Y Spence Y Spradley Y Stengel Y Swenson Y | Takis Y Tapia Y Tate Y Taylor Y Tochtrop Y Tool Y Tupa Y Veiga Y Vigil Y Webster Y Williams, S. Y Williams, T. Y Windels Y Witwer N Young Y Zimmerman Y | |||
| Mr. Speaker Y |
______________
FIRST REPORT OF SECOND CONFERENCE COMMITTEE
on HB99-1134
This Report Amends the Rerevised Bill.
To the President of the Senate and the
Speaker of the House of Representatives:
Your second conference committee appointed on HB991134,
concerning the funding of underground conversion of overhead public
utilities, has met and reports that it has agreed upon the following:
That the House accede to the Senate amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 4, line 1, after "A",
insert "DIRECT";
line 11, after "A", insert "DIRECT".
Respectfully submitted,
House Committee: Senate Committee:
Mark Larson Dave Wattenberg
Brad Young Norma Anderson
Bob Hagedorn Jim Dyer
______________
FIRST REPORT OF FIRST CONFERENCE COMMITTEE
on HB99-1269
This Report Amends the Rerevised Bill.
To the President of the Senate and the
Speaker of the House of Representatives:
Your first conference committee appointed on HB991269,
concerning the reduction of workers' compensation benefits in
cases where a claimant makes a materially deceptive statement
that willfully misleads an employer as part of the job application
process concerning the physical ability of the claimant to perform
the requirements of the job, has met and reports that it has agreed
upon the following:
That the House accede to the Senate amendments made
to the bill, as said amendments appear in the rerevised bill,
with the following changes:
Amend rerevised bill, page 2, line 3, strike "BENEFITS
SHALL BE REDUCED WHERE" and substitute "WHERE";
line 4, after "EMPLOYEE'S", insert "PHYSICAL";
line 5, strike "SAFELY".
Respectfully submitted,
House Committee: Senate Committee:
Keith King Dave Owen
Abel Tapia Norma Anderson
Tambor Williams Jim Dyer
______________
SIGNING OF BILLS - RESOLUTIONS - MEMORIALS
The Speaker has signed: HB99-1105, 1188, 1213, 1217, 1227, 1265, 1318, 1327; SB99-136.
_______________
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate has passed on Third Reading and transmitted
to the Revisor of Statutes:
SB99-205, amended as printed in Senate Journal, March 30, pages 627628;
HB99-1071, amended as printed in Senate Journal, March 24, page 568, and March 30, pages 626-627;
HB99-1097, amended as printed in Senate Journal, March 30, pages 625626.
_______________
MESSAGE FROM THE REVISOR
We herewith transmit without comment, as amended, SB99-205, HB991071, and 1097.
______________
MESSAGES FROM THE GOVERNOR
I certify I received the following on the 31st day
of March, 1999, at 9:50 a.m. The original is on file in
the records of the House of Representatives of the General Assembly.
Judith Rodrigue,
Chief Clerk of the House
March 30, 1999
To the Honorable
House of Representatives
Sixty-second General Assembly
First Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I have the honor to inform you that I have approved
and filed with the Secretary of State the following Acts:
HB99-1113 Concerning an
Increase in the Funding for Charter Schools.
Approved March 30, 1999 at 3:39 p.m.
HB99-1209 Concerning the
Financing of Public Schools, and Making Appropriations in Connection
Therewith.
Approved March 30, 1999 at 3:40 p.m.
Sincerely,
(signed)
Bill Owens
Governor
_________
I certify I received the following on the 31st day
of March, 1999, at 4:07 p.m. The original is on file in
the records of the House of Representatives of the General Assembly.
Judith Rodrigue,
Chief Clerk of the House
March 31, 1999
To the Honorable
House of Representatives
Sixty-second General Assembly
First Regular Session
Denver, CO 80203
Ladies and Gentlemen:
I have the honor to inform you that I have approved
and filed with the Secretary of State the following Acts:
HB99-1072 Concerning Immunity
from Civil Liability for an Employer Who Provides Information
About an Employee to Such Employee=s
Prospective Employer.
Approved March 31, 1999 at 3:32 p.m.
HB99-1143 Concerning the
Regulation of Health Care Coverage.
Approved March 31, 1999 at 11:04 a.m.
HB99-1191 Concerning the
Inspection of Public Records
Approved March 31, 1999 at 3:13 p.m.
HB99-1215 Concerning the
Sale of Alcohol Beverages by Common Carrier Public Transportation
System Licensees.
Approved March 31, 1999 at 11:05 a.m.
HB99-1242 Concerning the
Inspection of Public Records
Approved March 31, 1999 at 3:12 p.m.
HB99-1244 Concerning the
Modification of the Time Period Used to Determine the Level of
Value for Classes of Taxable Real Property When Comparable Valuation
Data is Not Available for the One-and One-Half-Year Period Prior
to July 1 Immediately Preceding Any Regular Biennial Property
Tax Assessment Date.
Approved March 31, 1999 at 11:05 2
a.m.
HB99-1267 Concerning the
Uranium Mill Tailings Remedial Action Program.
Approved March 31, 1999 at 11:06 a.m.
Sincerely,
(signed)
Bill Owens
Governor ______________
INTRODUCTION OF BILLS
First Reading
The following bills were read by title and referred
to the committees indicated:
HB99-1353 by Representatives Gotlieb, Mitchell, George, Mace; also Senators Wham, Hernandez--Concerning programs for persons convicted of a crime in another state.
Committee on Judiciary
HB99-1354 by Representatives Sinclair, Dean, George, Alexander, Allen, Bacon, Chavez, Clapp, Coleman, Decker, Fairbank, Gotlieb, Hagedorn, Hefley, Hoppe, Johnson, Kaufman, Kester, King, Larson, Lee, Mace, May, McElhany, McKay, Miller, Mitchell, Morrison, Nunez, Paschall, Saliman, Scott, Smith, Spence, Spradley, Stengel, Swenson, Takis, Taylor, Tupa, Veiga, Vigil, Webster, Williams T., Witwer, Zimmerman; also Senator Owen--Concerning authorization for a contribution toward the construction of the national world war II memorial, and making an appropriation therefor.
Committee on Appropriations
HB99-1355 by Representatives Taylor, Alexander, George, Gotlieb, Hoppe, Smith, Young; also Senators Dennis, Blickensderfer, Chlouber, Hillman, Nichol, Wattenberg--Concerning the creation of an exception to the off-highway vehicle registration requirement for nonresident off-highway vehicles, and, in connection therewith, implementing the nonresident off-highway vehicle permit requirement.
Committee on Agriculture, Livestock, & Natural Resources
HB99-1356 by Representative Smith; also Senator Blickensderfer--Concerning absentee voters, and, in connection therewith, establishing permanent absentee voter status.
Committee on Local Government
HB99-1357 by Representatives George, Gordon, Kaufman; also Senators Blickensderfer, Feeley, Linkhart--Concerning the creation of an individual development account program, and making an appropriation in connection therewith.
Committee on Finance
Committee on Appropriations
SB99-205 by Senator Teck; also Representative Clapp--Concerning limitations on the authority of a political subdivision to bring suit.
Committee on State, Veterans, & Military Affairs
______________
INTRODUCTION OF RESOLUTIONS
The following resolution was read by title and referred
to the committee indicated:
HJR99-1023 by Representatives Miller, Alexander, Smith; also Senator Chlouber--Concerning the bureau of land management's proposed revisions to the regulations governing the conduct of hardrock mining activities on public lands.
Committee on Agriculture, Livestock & Natural
Resources
WHEREAS, The mining industry is vital to the economy
of Colorado, with direct and indirect contributions to the state's
economy that exceed $7.7 billion annually; and
WHEREAS, Hardrock miners are the highest paid industrial
workers in Colorado, earning average annual wages of approximately
$60,000; and
WHEREAS, The producers of gold, silver, lead, zinc,
molybdenum, gypsum, and other minerals located under the general
mining laws provide a source of high paying jobs in rural areas
of Colorado whose economies are highly dependent upon resource
extraction; and
WHEREAS, Lower mineral commodity prices and other
economic factors continue to challenge this industry making it
important that state and local governments fashion regulatory
programs that are cost effective and yet sufficient to regulate
the environmental impacts of hardrock mining activities on public
and private lands; and
WHEREAS, The "Federal Land Policy and Management
Act of 1976" requires that mineral activities on federal
lands protect the environment and prohibits any mining activity
that would result in unnecessary and undue degradation of these
areas; and
WHEREAS, The Bureau of Land Management within the
United States Department of the Interior implements the mandate
of federal law through regulations codified at 43 C.F.R. subpart
3809, and these laws and regulations are among the many laws that
require mineral producers to protect air, water, cultural, historic,
fish, wildlife, and other resources; and
WHEREAS, The division of minerals and geology in
the Colorado department of natural resources, through a cooperative
agreement with the Bureau of Land Management, is the lead agency
responsible for regulating mining activity on both public and
private lands; and
WHEREAS, Colorado effectively regulates mining operations
pursuant to the "Colorado Mined Land Reclamation Act",
part 1 of article 32 of title 34, Colorado Revised Statutes, that
sets forth very comprehensive permitting, bonding, environmental
management, monitoring, and reclamation requirements for hardrock
mining activities on both public and private lands; and
WHEREAS, The Colorado General Assembly strengthened
this law in 1993 requiring that mining operators using certain
toxic chemicals in mineral extraction meet more stringent standards
before receiving authorization to mine; and
WHEREAS, The United States Department of the Interior,
through the Bureau of Land Management, has announced its intention
to propose revisions to 43 C.F.R. subpart 3809, that would preempt,
conflict with, and duplicate the very effective state program
now in place, and replace it with a plenary federal program that
may well lessen the environmental protections available under
state law; and
WHEREAS, In 1998, the United States Congress enacted
legislation directing the National Academy of Sciences to perform
a study of the adequacy of state and federal laws governing hardrock
mining on public lands and submit its findings and recommendations
before the Department of the Interior's Bureau of Land Management
may finalize changes to regulations under 43 C.F.R. subpart 3809;
and
WHEREAS, Notwithstanding the express mandate of Congress,
the Bureau of Land Management proposed revisions to the regulations
promulgated under 43 C.F.R. subpart 3809, in February, 1999, before
the National Academy of Sciences has concluded, much less submitted,
its study and recommendations, and the Bureau of Land Management
has failed to consider the National Academy of Sciences' findings
or process in fashioning the various regulatory revisions currently
awaiting public comment; and
WHEREAS, Any changes to the regulations promulgated
under 43 C.F.R. subpart 3809 must be based upon sound science
and compelling policy reasons, and must take into account the
findings and recommendations of the National Academy of Sciences'
study before the Bureau of Land Management submits its proposal
for public comment, yet the comment period on the proposed rules
is set to expire on May 10, 1999, before the National Academy
of Sciences completes its study of existing laws; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtysecond General Assembly of the State of Colorado,
the Senate concurring herein:
1. That the General Assembly calls upon
the United States Department of the Interior and the Bureau of
Land Management to withdraw the current proposal to amend the
federal regulations, 43 C.F.R. subpart 3809 and published at 64
F.R. 6422 on February 9, 1999, governing hardrock mining activity.
2. That the General Assembly calls upon
the Bureau of Land Management to await completion of the study
currently underway by the National Academy of Sciences of the
adequacy of hardrock mining regulations, which must be completed
prior to July 31, 1999, and that the Bureau of Land Management
refrain from publishing any further changes to the existing rules
before it has fully considered the results of the study.
3. That the General Assembly calls upon
the Bureau of Land Management, if it decides that further revisions
to 43 C.F.R. subpart 3809 are necessary, to fully explain in the
preamble to the new regulations how it fashioned its proposals
in response to the anticipated findings and conclusions of the
National Academy of Sciences' study and give the public at least
90 days to comment on the proposed changes.
4. That the General Assembly opposes changes
to 43 C.F.R. subpart 3809 that would preempt the existing Colorado
regulatory program or that would duplicate permitting and other
requirements.
5. That the General Assembly calls upon
the United States Department of the Interior to consider that
the mining industry is one of the most heavily regulated industries
in the United States and that unreasonable delays in obtaining
permits are a significant disincentive to the location of new
mines or expansion of existing mines in the United States.
6. That the General Assembly opposes the
concept developed as a result of 43 C.F.R. subpart 3809 of using
the "Most Appropriate Technology and Practices" which
allows the Bureau of Land Management to dictate what type of equipment
and technologies are employed by mining operators. Using the
"Most Appropriate Technology and Practices" would replace
the existing regulatory scheme that requires mining operators
meet performance standards, but allows the individual operators
to decide how the individual operator will meet environmental
standards.
7. That the General Assembly specifically
calls upon the Bureau of Land Management to consider the economic
impact on mining and the communities dependent upon mining in
Colorado and other states.
8. That the Bureau of Land Management
specifically consider the conclusions in the Fraser Report
that found that Colorado and many other states were ranked low
in investment attractiveness due, in part, to the burden that
government regulation imposes on the industry. Colorado received
a score of only 24 out of a possible 100 in the Fraser Report.
9. That the General Assembly further calls
upon the Congress of the United States to impose a moratorium
on any appropriations for the continuation or completion of the
current rulemaking until the Department of the Interior withdraws
the current rulemaking and agrees to fully consider the findings
and recommendations of the National Academy of Sciences' study.
Be it further resolved, That a copy of this resolution be transmitted to the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the President of the United States, the Vicepresident of the United States, the Secretary of the United States Department of the Interior, the Director of the Bureau of Land Management, and each member of the Colorado Congressional delegation.
_______
The following resolution was read by title and laid
over one day under the rules:
SJR99-023 by Senators Andrews, Evans, Lamborn; also Representatives Clapp, Nuñez, Spence--Concerning an independent peer review of the federal national weather service probable maximum precipitation study used by the United States Army Corps of Engineers in their redesign study relating to the Cherry Creek Dam.
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APPOINTMENTS TO CONFERENCE COMMITTEE
Pursuant to a request from the Senate, the Speaker appointed Representatives Johnson, Chairman, T.Williams and Veiga as House conferees to the First Conference Committee on SB99-025.
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LAY OVER OF CALENDAR ITEMS
On motion of Representative Dean, the following items
on the Calendar were laid over until April 1, retaining place
on Calendar:
Consideration of Third Reading--HB99-1165.
Consideration of General Orders--HB99-1129, SB99-161, 039, 022, 004, HB99-1095, 1195, 1245, 1306, 1308, 1313, 1342.
Consideration of Conference Committee Reports--HB99-1061.
Consideration of Resolutions--HJR99-1016, SJR99-020, HJR99-1021, 1022.
Consideration of Senate Amendments--HB99-1017, 1172, 1228, 1229.
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On motion of Representative Spradley, the House adjourned until 9:00 a.m., April 1, 1999.
Approved:
RUSSELL GEORGE,
Attest: Speaker
JUDITH RODRIGUE,
Chief Clerk